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(영문) 서울남부지방법원 2020.08.19 2020가단7143
건물인도 등
Text

The Defendant, as the Plaintiff

A. Of the real estate 3-story 398.70 square meters in the attached list, the indication of the ground plan on the 3-story 1,2,7, and 7.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 4, the plaintiff leased on July 13, 2018 the real estate stated in the Disposition No. 1 (hereinafter referred to as "the building of this case") to the defendant 20,000,000, monthly rent of KRW 1,650,000 (excluding value-added tax), and two years from September 3, 2018 to September 2, 2020, respectively. The defendant delayed the payment of the lease fees of KRW 23,595,00 from March 20, 2019 to March 20, the plaintiff may seek the delivery of the building of this case by mail, and the plaintiff may seek the delivery of the building of this case against the defendant on December 17, 2019; the plaintiff may file a lawsuit against the defendant on September 3, 2014; and the contents of the lease contract of this case to the defendant on March 23, 2020.

According to the above facts, it is reasonable to view that the lease contract between the plaintiff and the defendant on the building of this case was lawfully terminated as the copy of the complaint of this case containing the plaintiff's declaration of termination on the grounds of the defendant's delinquency in payment of more than two years of rent, was delivered to the defendant on May 12, 2020.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

Furthermore, the Defendant is obliged to pay the Plaintiff the rent of KRW 29,558,100 (i.e., the sum of the management fees for rent of KRW 23,595,000) from March 3, 2019 to March 2020 (as seen earlier) (i.e., the sum of the management fees for rent of KRW 5,963,100). As seen earlier, the Defendant is obliged to pay the Plaintiff the rent of KRW 29,558,100, such as the above unpaid rent of KRW 29,58,100, and the following day from April 3, 2020 to March 2, 2020, as the Plaintiff seeks from April 3, 2020 to the completion date of delivery of the building of this case (i.e., monthly rent of KRW 1,815,000, the management fees of KRW 458,700).

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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